Scottish waste operator, Doonin Plant Ltd and its owner Gary Doonin were issued a record fine of £200,000 after being found guilty of committing one of Scotland’s ‘most significant environmental crimes’ on Wednesday (12 December).

It is the largest ever ‘cumulative financial penalty’ for an ‘environmental offence reported to the Procurator Fiscal by the Scottish Environmental Protection Agency (SEPA)’.

Doonin and his company were found guilty of storing ‘hundreds of tonnes of controlled waste… in a manner likely to cause pollution of the environment’ at a 55-acre site in the former Woodend Colliery in September.

The illegal storing of materials including electrical components and wiring, cardboards, plastics and metals at Armadale, were brought to light after a complaint was received by the West Lothian Council from concerned locals.

Following an excavation by SEPA between 17 January and 11 February 2010, waste was found to be stored under ‘soil of varying depths (30cm to 3m)’, on land that did not have appropriate waste storage equipment, such as a leachate collection system or landfill gas extraction system.

The lack of such facilities could have resulted in the presence of leachtate, an odorous and ‘harmful effluent’ that is potentially damaging to aquatic life and humans, should it enter local watercourses and drinking water supplies.

Sentencing of Doonin has been deferred for a year, with the warning that if, during that time, he commits any further offences, he could face a custodial sentence.

This latest conviction for Doonin Plant Ltd, follows on from previous convictions for environmental offences, including a fine of £90,000 in 2010 for ‘waste offences’ that could have been of detriment to human health.

Area Manager of SEPA, Ian Buchanan, said of the sentencing: "[J]ustice has been done for Scotland's environment. The sentence delivered is a positive result for the public, who care about the environment, and legitimate waste operators who have been undermined by the actions of Mr Doonin and Doonin Plant Limited.

“By carrying out such activities, the company and its director demonstrated a complete lack of consideration for the environment and we hope the sentence acts as a deterrent to any operators considering breaking the law.

"The conviction of Mr Doonin himself should also act as a warning to company directors that SEPA will consider offences committed by individuals when investigating environmental crimes."

Head of the Crown Office and Procurator Fiscal Service (COPFS) Wildlife and Environmental Crime Unit, Craig Harris, said: "Doonin Plant Ltd and Gary Doonin carried out activities with a total disregard for the environment - and not for the first time.

"The conviction was the result of a lengthy investigation by the Scottish Environment Protection Agency and prosecution by the Crown Office and Procurator Fiscal Service. The severity of the crimes against the environment was marked by this case being prosecuted before a jury and today's outcome.”

The court was told that the firm would soon cease trading but had enough assets to pay the fine.

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